The Guardianship Affidavit is a crucial legal instrument in Malta's family law framework, used when establishing legal authority over a minor child in situations where the biological parents are unable or unavailable to provide care, or when additional legal guardians need to be appointed. This document is essential in various scenarios, including cases of parental death, incapacity, emigration, or voluntary transfer of guardianship responsibilities. The affidavit must comply with Malta's Civil Code and Child Protection Act requirements, containing detailed information about the proposed guardian's qualifications, responsibilities, and commitment to the child's welfare. It serves as both a formal declaration of intent and a legal record of the guardianship arrangement, requiring proper execution before authorized officials in Malta.
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1. Title and Declaration: Formal opening stating this is an affidavit, including the affiant's details and declaration that the statement is made under oath
2. Affiant Information: Detailed information about the person making the affidavit, including full legal name, ID number, address, and relationship to the minor
3. Minor's Information: Complete details about the minor including full name, date of birth, current address, and any identifying documentation
4. Current Guardian/Parent Information: Details of current legal guardians or parents, including their status and current situation
5. Basis for Guardianship: Clear statement of the reasons why guardianship is necessary and in the best interests of the minor
6. Scope of Guardianship: Detailed description of the guardianship powers being requested and responsibilities to be undertaken
7. Duration of Guardianship: Specified period or conditions of the guardianship arrangement
8. Declaration of Fitness: Affiant's declaration of their fitness to serve as guardian, including relevant background information
9. Verification and Oath: Final sworn statement confirming all information is true and correct, with space for notarization
1. Consent of Parents: To be included when parents are alive and available to give consent to the guardianship arrangement
2. Medical Authority: Specific section granting authority to make medical decisions, used when full medical decision-making power is needed
3. Educational Authority: Detailed provisions about educational decision-making, used when specific educational authority is required
4. Financial Management: Section detailing authority over the minor's financial affairs, included when financial management is part of guardianship duties
5. Travel Authorization: Specific provisions regarding authority to travel with the minor or authorize travel, used when international travel may be necessary
6. Temporary Care Arrangements: Details of any temporary care arrangements, included when guardian may need to delegate care temporarily
1. Schedule A - Identity Documents: Copies of identification documents for all parties (guardian, minor, parents)
2. Schedule B - Background Check Results: Results of the proposed guardian's police conduct certificate and other background checks
3. Schedule C - Medical Certificates: Any relevant medical certificates regarding the minor's health or specific needs
4. Schedule D - Parental Consent Forms: Written consent forms from parents if available and applicable
5. Schedule E - Financial Statement: Statement of guardian's financial capacity when financial responsibility is part of guardianship
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